In 2019, the Georgia Court of Appeals revisited the question of whether an injury that occurs in a parking while an employee is on his/her way to or from work is compensable under the Georgia Workers' Compensation Act if the parking lot is neither owned, controlled, nor maintained by the Employer. In Smith v. Camarena, 835 S.E.2d 712 (Ga. Ct. App. 2019), an employee of a grocery store was fatally shot during a robbery that occurred while she was speaking to a co-worker in the parking lot on her way to her car after work. It was established as fact by the trial court that the employee had clocked out and was speaking with her co-worker about personal issues at the time of the accident. Like her employer's customers, the employee parked her car in the communal parking lot where she was shot, which was maintained by the employer/grocery store's landlord. ... Continue Reading
Large motor carriers and their workers' compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the "owner-operator", who Georgia law defines as "an equipment lessor who leases his vehicular equipment with a driver to a carrier." ... Continue Reading
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H. Michael Bagley